The Illegal Medical Practice Crime

Illegal Practice of Medicine of the Penal Code of1997set a new count of theprovisions of the statute is too simple, leading scholars and judicial officers identifiedthe crime of illegal medical practice quite a lot of controversy. Based on the analysisto learn all kinds of theories based on the integrated use of the theory of criminal law,in accordance with relevant laws and regulations and judicial interpretation, combinedwith the judicial instance, to discuss the controversial issues related to theidentification of the crime of illegal medical practice in theory and judicial practice.The paper is divided into four parts.This article first identified the behavior of the crime of illegal medical practice inthe illegal practice of medicine. Explore China’s criminal law scholars on the meaningof "medicine" and "medicine", as well as in Taiwan and abroad related to this, Ibelieve that the practice of medicine is to carry out medical business behavior. Theauthor based on a number of issues of interpretation of the Supreme People’s Court onthe trial of illegal medical practice in criminal cases the specific application of the law"the provisions of the act on the illegal practice of medicine, to distinguish betweenacts of illegal practice of medicine under the Perspective of Criminal Law andAdministrative Law, the combination of specific cases illegal practice "behavioridentified.The crime of illegal medical practice the main problem is the crime of the mostcontroversial issues. Correctly identified the main body of the crime of illegal medicalpractice, the key is to correctly identify the qualification for practicing "and" withoutobtaining the qualification for practicing. Theorists on how to understand the threemain points of the qualification for practicing, combined with the Supreme Courtjudicial interpretation,"without obtaining the qualification for practicing" the casedescribed the perpetrator. Other disputes of the main body of the crime of illegalmedical practice without first obtaining the qualification for practicing medical traineedoctors in rural areas, to obtain the qualification for practicing beyond the place of practice, of practicing category, scope of practice of medical practice as well as unitsmain qualifications demonstrated.Judicial determination on the crime of illegal medical practice，the author analyzesthe five provisions in the judicial interpretation of the Supreme Court "thecircumstances are serious" situation and challenge that the supreme law of theexplanation is not very exact. This section also been identified a common problem asan accomplice in the crime of illegal medical practice and case Malpractice Crime andfraud crimes can easily be confused with the crime of illegal medical practice analysisand comparison made with this crime.Finally, analysis of the controversial issues related to the crime of illegal medicalpractice, starting from the combination of theory and practice perspective, asked thefollowing aspects should be perfect for this crime legislation: First, clear the mainbody of the crime, including the clear "doctor qualification and qualification forpracticing medicine without obtaining the connotation of increased unit as the subjectof a crime. Clear "serious" within the meaning of the relatively uniform standardssafeguarding the fairness of the law, stability and authority, which provides forjudicial practice.